Arkansas Western Pipeline Company

First Revised Volume No. 1

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Effective Date: 12/01/1993, Docket: CP92-570-005, Status: Effective

Original Sheet No. 44 Original Sheet No. 44 : Superseded

 

 

 

cost of the facilities, the tax burden created by the

payment, as well as the tax-on-tax effect generated by

such payment.

 

e. Transporter shall bill Shipper for reimbursement of

additional facilities in accordance with Section 6 of

Transporter's General Terms and Conditions.

 

f. All facilities installed by Transporter under this

Section 2.2 shall be owned and operated by

Transporter.

 

3. RATE

 

3.1 The rate for transportation under this FTS Rate Schedule

shall consist of (i) a monthly demand charge, as set forth

in Sections 3.2 and 3.3 of this FTS Rate Schedule, (ii) a

commodity charge, as set forth in Sections 3.4 and 3.5 of

this FTS Rate Schedule, and (iii) an increment for an Annual

Charge Adjustment for FERC costs, as set forth in Section 11

of the General Terms and Conditions of Transporter's FERC

Gas Tariff.

 

3.2 For each month, the Monthly Demand Charge payable by Shipper

shall, subject to any discount as provided herein, be equal

to the applicable Maximum Monthly Demand Rate multiplied by

the MDQ as specified in the FTS Service Agreement.

 

3.3 For each month, the commodity charge shall be equal to the

Shipper's actual monthly throughput under the applicable FTS

Service Agreement multiplied by the maximum commodity rate,

as may be reduced by any discount mutually agreed to by

Transporter and Shipper.

 

3.4 The obligations and liabilities of Shipper with respect to

the demand charges are absolute, irrevocable and

unconditional, shall not be subject to any counterclaim,

set-off, deduction or defense (other than payment) based on

any claim that Shipper may have against Transporter or any

other person or entity (whether arising under the FTS

Service Agreement or otherwise), and shall remain in full

force and effect without regard to, and shall not be

released, discharged or in any way affected by any

circumstance or condition whatsoever, including, without

limitation, force majeure, commercial impracticability, any

termination of agreements, any default by Transporter

thereunder, any